Criminal liablity
Actus reus=
The guilty conduct – the physical part
Mens Rea=
Types of crimes:
No particular end result has to be proved – D doing the AR with the requisite MR means he is guilty of the offence eg speeding
A result crime:
There has to be a specific result (eg for murder – someone has to be dead) – D is only guilty if the AR and MR leads to a certain consequence
Conduct crime=
Persons contract requires him to act-Pittwood(railway gate)
Where a person’s public position requires him to act-Dytham(police saw him getting hurt)
Where a person fails to minimise the harmful consequences of his act-Miller(squatter fire)
Where a person voluntarily takes on a duty-Stone and Dobinson(take care of sister-dies)
A duty due to a relationship-Gibbens v Proctor
State of affairs-Defendant is responsible-Larsonneur(french woman departed)
The actus reus must be voluntary for the defendant to be found guilty.
Hill v Baxter (1958) (suffered a heart attack)
Causation
Factual-'but for'-White
Legal-slight and trifiling link-Kimsey
Thin skull-Blaue
Novus actus intervenus-
Victims own act-Roberts
medical treatment-jordon
The guilty mind – the mental element
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Recklessness-R v Cunningham
Indirect Intent-Woolin
Direct Intent-Mohan
Transferred malice-Pembliton